Search Legislation

The Cultural Test (Television Programmes) (Amendment) Regulations 2015

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Cultural Test (Television Programmes) Regulations 2013 (the 2013 Regulations), updating the cultural test for drama and documentary television programmes, as well as introducing a new cultural test for children’s programmes.

The purpose of the tests is to determine whether a programme may be certified as a “British programme” by the Secretary of State under Part 15A of the Corporation Tax Act 2009 (as inserted by the Finance Act 2013 and as amended by the Finance Act 2014 and Finance Act 2015). Points under the tests are awarded on the basis of the setting, origin of characters, story, language and cultural aspects of the programme, where certain work on the making of the programme is carried out, and the residence or nationality of the personnel involved in the making of the programme. Certification as a British programme is a condition of eligibility for television tax relief under that Act.

Regulation 2 provides for application and exempts certain television programmes from the amendments made by these regulations. Regulation 2(2)(a) provides that the amendments will not apply if an application for certification is made prior to the entry into force of the regulations. Regulation 2(2)(b) and 2(3) provide that if principal photography or shooting has commenced before the entry into force of the regulations, but no application for certification has been made, the television production company may elect to have the amendments made by these regulations not apply to that programme; accordingly such programmes are assessed against the applicable rules for that programme as if these regulations had not been made.

Regulation 4 introduces a new definition for heads of department involved in the production of children’s television programmes. Heads of department are eligible to receive points under the new test for children’s television programmes.

Regulation 5 amends the test for dramas and documentaries to bring it into line with the cultural test for films (Schedule 1 to the Films Act 1985, as amended) by increasing the number of points available from 4 to 6 for programmes with a high percentage of dialogue in English or another language recognised for official purposes in an EEA state, as well as increasing the number of points available when a high percentage of specified production activities involved in the making of the programme take place in the United Kingdom. The number of points available under the test therefore rises from 31 to 35, with the pass mark rising from 16 to 18 points. Regulation 5 also introduces a new cultural test for children’s television programmes, based on the existing cultural tests for other types of television programmes. Points are awarded under the same categories (setting, origin of characters, story, language and cultural aspects of the programme, where certain work on the making of the programme is carried out, and the residence or nationality of the personnel involved in the making of the programme) as for the other categories of television programme.

Regulations 6 to 8 update cross-references in the 2013 Regulations to other conditions relating to passing the tests and provisions that specify the information that must be supplied by applicants requesting certification of their television programmes under the 2013 Regulations.

The impact on business, charities or voluntary bodies arising from this instrument has been included in the Tax Information and Impact Notes prepared for the Finance Act 2015 which was published alongside the Budget on 18th March 2015. The Notes are available on the HMRC website at https://www.gov.uk/government/publications/corporation-tax-high-end-television-tax-relief (in respect of dramas and documentary programmes) and https://www.gov.uk/government/publications/childrens-television-tax-relief (in respect of children’s television programmes). No separate impact assessment has been prepared.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources